Constitution of Alabama

The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 1901 and is the sixth constitution that the state has had.

At 340,136 words, the document is 12 times longer than the average state constitution, 40 times longer than the U.S. Constitution, and is the longest still-operative constitution anywhere in the world.[1] (The English version of the Constitution of India, the longest national constitution, is about 117,369 words long, a third of the length of Alabama's.)

The constitution gives the Alabama Legislature the power to administer most counties directly, with only a few counties having even limited home rule. This is because it was drafted with the original intent of disenfranchising blacks and poor whites by limiting local autonomy. As a result, about 90 percent of the document's length, as of 2012, comes from its 856 amendments. About 75 percent of the amendments cover only a single county or city, and some deal with salaries of specific officials (e.g. Amendment 480 and the Greene Countyprobatejudge). This gives Alabama a large number of constitutional officers. It also makes it very difficult for residents of counties to solve their own problems.[2]

The Preamble runs:

We the people of the State of Alabama, in order to establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama.

The length and chaos of the current constitution is both the product and the result of a determined centralization of power in the state government dating from the late 19th century. In addition, because of challenges from Populists in 1892 and 1894 elections, the Democratic Party intended to reduce the suffrage in order to establish its own dominance; it appealed to people in North Alabama, who had supported Populists, on the grounds of white supremacy. The Democrats raised "the Negro issue" and promised that "no white man would lose the franchise."[4] But, in practice, requirements for cumulative poll taxes and literacy tests were used to disenfranchise most blacks, as well as tens of thousands of poor whites. By 1941 more whites than blacks had been disenfranchised.[5]

The 1901 constitution was in part intended to curb executive power and to "make it really hard to raise taxes."[6] In practice, it has also resulted in the state legislature having extensive authority over counties, cities and towns. The counties have to go to the legislature--and ipso facto uninvolved parts of the state--to get the most basic policy and financial laws passed, which often fail to get the support of the full legislature. The county legislative delegation decided most local matters.

This was especially true during the first half of the 20th century, when the legislature was heavily biased in favor of rural interests. Originally, the state's 67 counties served as the state's legislative districts. Each county elected one senator and at least one representative. The county's senator was in an especially powerful position given that the county legislative delegation decided most local matters. The lower house was apportioned based on each county's population, but it would be over 60 years before the state house reapportioned itself after the national census. The vast differences in population between urban and rural counties resulted in rural areas being grossly overrepresented, giving them outsized influence over state affairs. As a result of several court decisions in the late 1960s that mandated the principle of "one man, one vote," the legislature is required to reapportion itself every decade.

Even with these changes, the legislature still has great powers over local government. Only seven counties—Jefferson , Lee, Mobile, Madison, Montgomery, Shelby, and Tuscaloosa—have even limited home rule. With the buildup of the defense industry and regional needs during World War II in Birmingham and its area, Jefferson County was afforded a type of home rule in 1944.

All the other counties must lobby the local legislation committees of the state house and senate to pass local ordinances. As a result, the legislature devotes considerable time to local issues, making it very difficult to pass even the simplest local laws. Most county councils or commissions elect their members by at-large voting, which dilutes the political power of any minority and generally limits their ability to elect candidates of their choice.[2]

The constitution addresses many issues that are dealt with by statute in most other states, most notably taxation. Unlike most states, a large portion of Alabama's tax code is written into the constitution, necessitating its amendment over minor tax issues. This prevents most local governments from passing any ordinances on taxation. Although the home rule counties can pass ordinances on tax issues, even that authority is limited. For instance, Jefferson County cannot pass ordinances related to property taxes.[2] According to The New York Times, Alabama's tax code is one of the most regressive in the nation.[1]

Adding to the problem is the requirement that any constitutional amendment must be submitted for a statewide vote if it is not unanimously approved by the legislature. This has resulted in amendments relating to local counties and municipalities being overwhelmingly approved in the affected areas, but rejected statewide. [2]

In the 21st century, the document has been heavily criticized for discriminatory elements, many of which have been made moot by amendments to the federal constitution, passage of federal laws, or United States Supreme Court decisions. As a result, they are not enforced, either because they are known to be unconstitutional or would almost certainly be deemed unconstitutional in court.

At the turn of the century, the President of the Constitutional Convention, John B. Knox, stated in his inaugural address that the intention of the convention was "to establish white supremacy in this State", "within the limits imposed by the Federal Constitution" (Day 2 of 54). The convention was following a model established by Mississippi, which 1890 constitution had survived some court challenges.

Section 181 required voters to pass literacy tests in order to register, while Section 180 was a grandfather clause creating an exemption for anyone who had served in the military, or descended from a veteran. Section 194 required the payment of 1.50 USD poll tax (Worth approximately 37.74 USD by CPI[7]). By 1940 the cumulative poll tax had disenfranchised more poor white voters than blacks, although both groups were essentially excluded from the political system. These provisions were invalidated by the Voting Rights Act of 1965, which provided for federal oversight and enforcement of constitutional rights to suffrage.

The constitution contains its original requirement for public education to be racially segregated in the state. Section 256 states that "separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race." This provision was struck down by Brown v. Board of Education in 1954, and has not been enforced since the 1960s. In 1956, following the Supreme Court decision, the state passed an amendment saying that it did not have an obligation for public education, leading to the support for private schools to evade desegregation. The continued existence of these provisions is seen by many as an embarrassment to the state. In 2004 and 2012, ballot measures were put before the electorate to remove this language from the constitution. The 2004 proposal was narrowly defeated by fewer than 2,000 votes,[6] due to leadership by conservatives, who said that it was a "plot to raise taxes."[1]

A Constitutional Revision Commission was organized and issued a proposal in 2012 for a vote on an amendment related to education issues. However, due to the manner in which the amendment was worded, it would have reinstated a 1956 amendment which declared that the state did not grant the right to a public education.[1] As a result, it was opposed by both the Alabama Education Association, and by many black leaders. Both claimed that inclusion of the 1956 amendment could endanger future "legal challenges to the state’s school financing structure, substantially worsening inequality while cosmetically addressing it" by deleting racist language about segregation.[1] Observers believed the bipartisan commission had some chance of success because it was "specifically barred from changing the tax code."[1] Amendment 4 was defeated.[6][8]

The constitution includes many provisions that are either wholly or partly archaic in their wording or functions, or unenforceable by federal laws and court rulings. Efforts to remove or amend these have so far proved unsuccessful. Examples include the following:

Section 86 mandates that "The legislature shall pass such penal laws as it may deem expedient to suppress the evil practice of dueling" (this is not unique to the Alabama Constitution; other State constitutions have similar provisions).

A growing number of advocates agree on the need to reform the Alabama Constitution, yet they disagree on matters, including the way to go about reworking the document. Some advocate for a constitutional convention to rewrite the document, including many leaders within ACCR. Other leaders, including former GovernorBob Riley and Speaker Mike Hubbard, want the Constitution rewritten through an article-by-article approach, similar to the process adopted by South Carolina. Its current constitution was once considered almost as chaotic as Alabama's. Bills to call for a constitutional convention have been introduced in the Alabama Legislature yet have not been brought to a vote.